For a contract to be legally binding all of the following elements must be present. If one or more is absent the contract will be considered invalid or void. The first element of the contract is Offer and Acceptance. For a contract to be considered valid one party (the offer) must make an offer to another party (the offeree). Before an offer is accepted it must be communicated to the offeree. A offer is immediately made into a contract when the offeree accepts the offeror’s tender. An offer can be
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Part A For a contract‚ it is necessary to decide what the parties have agreed‚ otherwise it is not possible to know whether the parties have done what they contracted to do. However‚ not all the statements made during negotiations are contractual terms. Therefore‚ here to discuss terms of the contract. Terms of the contract According to James (2010)‚ the terms of the contract are the specific details of the agreement‚ including each party’s rights and obligations. Broadly speaking‚ there are
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Overview‚ Part Two Procurement and Contract Law Procurement Law Overview‚ Part Two Payments under Fixed-Price Construction Contract clause permits the government to partially compensate contractors for supply and services which have been accepted by the Government‚ as long as the contractor demand it and the sum is no less than $1‚000 or 50% of the full contract amount. These interim payments diminish the contractor needs to finance expenses to fulfill the contract. As permitted by the Contracting
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The Law‚ Contracts and Me Laws are made by legislatures and judges‚ although there is no universally accepted definition for law‚ one definition states that law is a system of rules and guidelines which are enforced through social institutions to govern behavior. [Lord Lloyd of Hampstead. Introduction to Jurisprudence. Third Edition. Stevens & Sons. London. 1972. Second Impression. 1975. Page 39.] In a society‚ rules and regulations exist in order to control peace and order‚ without these rules
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1.0 INTRODUCTION TO CONTRACT MANAGEMENT A contract is an agreement having a lawful object entered into voluntarily by two or more parties‚ each of whom intends to create one or more legal obligations between or among them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality of obligation. i.e. 1. Offer and Acceptance 2. Competent Persons 3. Consideration 4. Mutual Obligation 5. Lawful
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Islamic Contract Law TYPES OF COMMITMENTS 1. Wa‘d – • • • – وunilateral promise One party binds itself to perform a function for another Does not normally create legal obligation Legal obligation is created: • • Genuine need of the masses – (ر Contingent promise ا س )رد ا ز ن ز ا إذ ا 2. Muwaa‘ada – ا ة • • • • – bilateral promise Two parties performing two unilateral promises on the same subject Use of two unilateral promises can lead to a forward contract‚ which
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Psychological contract breach Nowadays managing the psychological contract is the main goal for organizations that strive for a ‘people building’ rather than a ‘people using’ organization (Guest & Conway‚ 1999). The concept of the psychological contract is complex but it provides a framework for the understanding of the employment relationship (Zhao et al.‚ 2007). A widely accepted definition of the psychological contract is defined by Rousseau (1995); she defined the psychological contract as ‘individual
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valid contract is that the parties entering the contract are those who have the competency to contract. This is based on section 10 (1) of the Contract Act 1950 which states: “All agreements are contracted if they are made by the free consent of parties competent to contact‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.” Competency refers to the capacity of being an adult‚ having a sound mind and not forbidden by law to enter any contract (e.g
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Recently‚ most employers find “Zero hours” contract of employment more suitable for their business. The reason behind this could be that employers are trying to find cost-effective ways of meeting short term staffing needs. Some employees would prefer having a Zero hours contact rather than having a set hour contact where the employee will have to work the hours that the business has required them to do. Zero hour contract might suit employees who may think about wanting occasional earning not fixed
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Conditions of Contract for Construction MULTILATERAL DEVELOPMENT BANK HARMONISED EDITION GENERAL CONDITIONS June 2010 For Participating Bank use only Released 30 June 2010 COPYRIGHT FIDIC 2010 FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS INTERNATIONALE VEREINIGUNG BERATENDER INGENIEURE FEDERACION INTERNACIONAL DE INGENIEROS CONSULTORES General Conditions CONTENTS 1 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14
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